HIV, Discrimination and the Law

Current work:

Disability Discrimination Act:

The Disability Discrimination Act (DDA), passed in 1995, offers protection for people with a disability from discrimination in the workplace, education, housing and in accessing goods and services.  Until 2005, only people living with HIV who experienced a physical impairment were covered by the DDA.  The National AIDS Trust campaigned for the law to be changed so that everyone living with HIV was protected from discrimination and in 2005 the law was amended to protect people living with HIV, cancer and MS from the point of diagnosis.  The National AIDS Trust is now engaging with employers, trade unions, public bodies and people living with HIV through resources such as our guide to HIV and Recruitment to increase awareness of the new legislation and to ensure that HIV-related stigma and discrimination is prevented.

Under the DDA, all public bodies have had to produce a Disability Equality Scheme to promote equality of opportunity and tackle discrimination and stigma. The National AIDS Trust has produced a practical guide for public bodies on HIV and Your Disability Equality Scheme, to help public bodies ensure that HIV-related equality and discrimination issues are adequately addressed.  Read the guide here. 

Single Equality Act:

In order to simplify and modernise current discrimination law and make it more effective, the Government aims to introduce a Single Equality Bill during this Parliament, which will lead to a Single Equality Act.  The National AIDS Trust strongly supports the introduction of a Single Equality Act, as current legislation does not adequately protect people living with HIV from discrimination and does not recognise the multiple discriminations experienced by many of them. We have recently responded to the Discrimination Law Review consultation, which is taking place in advance of the introduction of the Single Equality Bill; read our response here.

The National AIDS Trust will continue to lobby to ensure that the Single Equality Act comprehensively protects people living with HIV in the UK and will work closely with the newly formed Commission for Equality and Human Rights.  This new body, launched in October 2007, will be responsible for promoting equality, tackling discrimination and promoting the human rights of everyone in the UK.

Impact 13: HIV and the Law:

In July 2007, the National AIDS Trust published Impact 13, a policy bulletin that focuses on HIV and the law. It aims to give an overview of both the current legal developments that can affect the lives of people living with HIV and the extensive work that the National AIDS Trust and other organisations are doing to ensure that the law protects, rather than infringes, the rights of people living with HIV.  Articles cover topics including HIV and human rights, criminal prosecutions and the Single Equality Act.  Read Impact here.

Public Health Law:

The Public Health (Control of Disease) Act 1984 is currently under review and the Department of Health has proposed some wide-ranging reforms to this legislation.  The National AIDS Trust has expressed serious concerns about a number of the proposed reforms, including proposals for quarantine or detention in hospital, in its response to the Public Health Law consultation, which can be read here.  The National AIDS Trust also responded in January 2007 to a consultation on Public Health legislation in Scotland.  Read our response here.

Key Resources:

• Discrimination Law Review Response (September 2007) - The National AIDS Trust's response to the consultation The Discrimination Law Review: Fairness and Equality for All.
  
• Impact 13: HIV and the Law (July 2007) - A policy bulletin on HIV and the Law, covering topics including criminal prosecutions for HIV transmission, HIV and human rights and the Single Equality Act.
  
• Public Health Law Review Response (June 2007) -  The National AIDS Trust's response to a consultation on proposed reforms to the Public Health Act, outlining our concerns about certain measures which would restrict the rights of people living with HIV.
  
• HIV and Your Disability Equality Scheme -  A practical guide for Chief Executives, Board Members and Senior Managers of public bodies who are developing or reviewing their Disability Equality Scheme.  The guide offers practical advice on addressing HIV-related equality and discrimination issues within Disability Equality Schemes.  The guide is also available in large print.
  
•  Public Health Legislation in Scotland (January 2007) - A response to a consultation by the Scottish Executive on reforms to Public Health Legislation, covering issues including HIV surveillance and statutory powers for health protection.
  
• Disability Hate Crime Consultation Response (December 2006) - A response to a consultation by the Crown Prosecution Service on policy for prosecuting cases of disability hate crime, including HIV-related hate crime.
  
• Action Plan on Tackling Stigma and Discrimination (March 2006) - the National AIDS Trust response to the Department of Health consultation on tackling HIV-related stigma and discrimination.